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Washington Highlights: June 24, 2005

House Considers HHS Funding Bill

The House of Representatives June 24 approved the FY 2006 Labor-HHS-Education Appropriations bill (H.R. 3010). The House adopted the funding levels recommended by the House Appropriations Committee June 16, including a 0.5 percent increase for NIH and the elimination of all Title VII health professions funding except for Centers of Excellence ($12 million) and Scholarships for Disadvantaged Students ($35 million) [see Washington Highlights, June 17.]

The House approved an amendment by Rep. Randy Neugebauer (R-Texas) to cancel funding for two grants supported by the National Institute of Mental Health. The House approved the proposal as part of block of amendments adopted by voice vote. One of the targeted grants, held by a researcher at the University of Iowa, deals with the "perceptual bases of visual concepts," or the understanding of vision and perception. The second grant, to a researcher at SUNY-Buffalo, focuses on "perceived regard and relationship resilience," which looks at the factors that contribute to successful marriages. In a written statement, Rep. Neugebauer said his amendment would "save federal funding for serious mental health research." Rep. Jim Leach (R-Iowa) spoke on the House floor against the amendment and urged the chair and ranking member of the subcommittee to address this issue in the House-Senate conference.

AAMC President Jordan J. Cohen, M.D., joined Association of American Universities (AAU) President Nils Hasselmo, Ph.D., and National Association of State Universities and Land-Grant Colleges (NASULGC) President C. Peter Magrath, Ph.D., in a June 22 letter to all House members urging them to oppose the Neugebauer amendment. The letter notes, "By protecting the scientific peer review system, which subjects research proposals to rigorous review for scientific and public health merit, Congress ensures that the highest-quality research-research that contributes directly to public health-is funded with federal dollars." The letter also states, " Some in Congress are questioning the value of research into particular aspects of human or animal behavior. However, the evidence is overwhelming that such research has been invaluable to our understanding of mental health and is essential to the prevention, management, and cure of mental illnesses and disorders."

The Senate Labor-HHS-Education Appropriations Subcommittee is tentatively scheduled to mark up its version of the FY 2006 funding bill July 12.

Information:
Dave Moore, Senior Director
AAMC Government Relations
dbmoore@aamc.org
(202) 828-0525

Resident Limit Redistribution Letters Being Sent

Centers for Medicare and Medicaid Services (CMS) staff report that the agency will be sending letters on June 23 or June 24 to those teaching hospitals that applied for additional resident limit slots under the Medicare redistribution program informing them of whether, and how many, additional resident limit slots they will receive. The resident cap increases are effective July 1, 2005. Hospitals that did not apply for additional slots will not be receiving a letter.

Hospitals will have until Wed., June 29, to respond to CMS regarding any clerical errors contained within the notification letter the hospital receives. According to CMS, "clerical errors" are limited to transcription mistakes that might have been made by CMS. Unless there is a clerical error, the information contained in the letters is considered final and is not subject to appeal.

CMS also has provided some information - still to be finalized, pending any clerical errors - about the slots that will be distributed. Not all hospitals will receive requested slots, but there will be enough slots to fill some of the requests from large urban hospitals - the lowest priority category.

Resident limit applications were assigned to one of six priority categories, ranging from a rural hospital requesting slots for the only program in the state (category 1) to large urban hospitals requesting slots not associated with the only program in the state (category 6). There was a separate set of evaluation criteria for use within the priority categories that ranked the applicants within each category. The evaluation criteria were necessary if not enough slots were available to satisfy all requests made within a particular category. There were 15 different criteria under which an applicant could receive a point, although CMS states that the maximum number of criteria achieved by applications was "5." Pending final determinations, CMS will be distributing positions in the following manner:

  • Priority Category 1: A rural hospital requesting slots for the only program in that specialty within the state: will receive a resident cap increase reflecting all legitimate requests made under the program for both direct graduate medical education (GME) and indirect medical education (IME).

  • Priority Category 2: All other rural hospitals: will receive a resident cap increase reflecting all legitimate requests made under the program for both direct GME and IME.

  • Priority Category 3: A hospital in a small urban area requesting slots for the only program in that specialty within the state: will receive a resident cap increase reflecting all legitimate requests made under the program for both direct GME and IME.

  • Priority Category 4: All other hospitals in small urban areas: will receive a resident cap increase reflecting all legitimate requests made under the program for both direct GME and IME.

  • Priority Category 5: A hospital in a large urban area requesting slots for the only program in that specialty within the state: will receive a resident cap increase reflecting all legitimate requests made under the program for both direct GME and IME.

  • Priority Category 6: All other large urban hospitals:
    • Category 6 with 3, 4 or 5 evaluation points: will receive a resident cap increase reflecting all legitimate requests made under the program for both direct GME and IME.

    • Category 6 with 2 evaluation points: will receive a resident cap increase reflecting all legitimate requests made under the program for direct GME and a prorated share of their legitimate requests for IME.

    • Priority Category 6 with 1 evaluation point: will receive a prorated share of legitimate requests for direct GME and no increase for IME.

    • Priority Category 6 with 0 evaluation points: will receive no resident cap increase for either direct GME or IME.

    Information:
    Karen Fisher, Sr. Director, Health Care Affairs
    AAMC Health Care Affairs
    kfisher@aamc.org
    (202) 862-6140

    Frist, Clinton introduce Health IT Bill

    Senate Majority Leader Bill Frist (R-Tenn.) and Senator Hillary Clinton (D-N.Y.) June 16 introduced S. 1262, "The Health Technology to Enhance Quality Act of 2005." According to the bill's summary, it "will help harness the potential of health information technology (IT) and preserve patient privacy while reducing costs, enhancing efficiency, and improving the overall quality of patient care."

    Specifically, S. 1262 would establish in statute the Office of the National Coordinator for Health Information Technology (ONCHIT), created by the Bush administration in 2004. ONCHIT is located within the Department of Health and Human Services (HHS). The bill directs ONCHIT to work with the National Institute for Standards and Technology (NIST) to establish a permanent electronic health information standards development working group to review existing standards, identify deficiencies and omissions working against a national goal of interoperability, and recommend to the HHS Secretary which standards should be adopted.

    According to the legislation, ONCHIT would also direct and coordinate federal spending related to health care IT. The bill authorizes $125 million per year in grants to local or regional health care facilities over five years in order to create an interoperable system in which records could be stored electronically. S. 1252 also provides exemptions from "Stark" self-referral and anti-kickback laws to allow hospitals, health plans and other to offer health information technology equipment to physicians as long as its purpose is to "reduce medical errors, improve quality, reduce costs, improve care coordination, streamline administration, and promote competition and transparency." Relief from the physician self-referral and anti-kickback laws would apply only if the physician entity receiving support complies with final data standards for interoperability.

    The bill requires the Medicare program to establish a budget neutral "value-based purchasing pilot program to encourage the reporting of health care quality data and facilitate the payment of providers based on performance." The pilot program could be expanded nationwide and implemented after two years. The bill also includes a "Sense of the Senate" that Medicare physician payment modifications should include provisions to encourage the adoption of health IT standards and reporting of quality measures.

    S. 1252 also directs HHS, the Departments of Defense and Veterans Affairs and other federal agencies to adopt uniform healthcare quality measures to assess "the effectiveness, timeliness, efficiency, patient centeredness and safety of care across federal health care programs" including Medicare, Medicaid and State Children's Health Insurance Program.

    Information:
    AAMC Government Relations

    Christiane Mitchell, Director, Federal Affairs
    AAMC Government Relations
    cmitchell@aamc.org
    (202) 828-0526

    House Judiciary Panel Passes Legislation Removing Physician Group Limits on Patients Receiving Substance Abuse Treatment

    The House Judiciary Subcommittee on Crime, Terrorism, and Homeland Security June 23 approved by voice vote AAMC-endorsed legislation, H.R. 869, removing the current statutory limit on physician group practices that treat substance abuse patients. The House Energy and Commerce Committee, which also has jurisdiction over the legislation, passed the legislation May 4 [see Washington Highlights, May 6]. H.R. 869 was introduced by Rep. Mark Souder (R-Ind.) on Feb. 16; the AAMC and 39 provider and patient groups endorsed the bill in an April 25 letter. Companion legislation (S. 45) was introduced in the Senate by Senators Carl Levin (D-Mich.), Orrin Hatch (R-Utah) and Joseph Biden (D-Del.) on Jan. 24.

    The 106th Congress enacted the Drug Addiction Treatment Act (DATA) 2000 to expand treatment options for patients addicted to opiates. A limit of 30 patients per treating physician was included in the legislation to address concerns about potential abuse or diversion of the treatment medications. In addition to the limit per physician, DATA also contained language that imposed a 30-patient cap on group practices as well as amending the Controlled Substances Act. H.R. 869 clarifies that group practices would not be limited to 30 patients, while still limiting each provider within the group to 30 patients seeking treatment for their drug addictions.

    Information:
    AAMC Government Relations

    Subcommittee Hearing Focuses on Medicaid Drug Costs

    The House Energy and Commerce Subcommittee on Health continued to explore options for Medicaid reform during a June 22 hearing that focused on drug reimbursement policies. Both the Bush Administration and the National Governors Association (NGA) have proposed changing the drug reimbursement system as a way to reduce Medicaid program expenditures.

    During the hearing, Congressional Budget Office (CBO) Director Douglas Holtz-Eakin testified that prescription drug spending grew by about 15.5 percent annually from 1998 - 2004, and totaled about $30.6 billion in 2004. He stated that "upward pressure on prescription-drug spending will continue to pose budgetary challenges for Medicaid," despite new Medicare coverage for dually eligible beneficiaries. In his testimony, Dr. Holtz-Eakin estimated that the Medicaid program could save approximately $3 billion over five years by increasing the rebate that drug manufacturers pay the states from 15 to 20 percent.

    Information:
    Christiane Mitchell, Director, Federal Affairs
    AAMC Government Relations
    cmitchell@aamc.org
    (202) 828-0526

    Senate Panel Approves Small Increase for NSF

    The Senate Appropriations Committee June 23 approved its version of the FY 2006 funding bill, providing $5.53 billion for the National Science Foundation (NSF), an increase of $58 million (1.1 percent) over the previous year. The Commerce, Justice, Science Appropriations Subcommittee approved the bill on June 21. The House of Representatives June 16 approved its version of the bill (H.R. 2862), calling for a 3.1 percent increase for the NSF.

    Information:
    Jonathan Fishburn, Director, Research, Education and Veterans' Legislative Affairs
    AAMC Government Relations
    jfishburn@aamc.org
    (202) 828-0525